Should “hospital policy” trump the needs of law enforcement? If the cop is off-base and if he is acquiring a blood sample inappropriately, then it cannot be used in a court of law. It seems to me that the timing was vital and there was always time later to “throw away” the result if the evidence ended up being inadmissible.
Unless the blood draw endangered the patient, I would think the cop might have been making a valid request.
Article was written to put the cop in the worst light possible. Full context shows that he was, indeed, in the wrong, IMO.
Don't care - the 4th amendment trumps the 'needs' of law enforcement.
“Should “hospital policy” trump the needs of law enforcement?”
Absolutely, they are predicated on laws designed to protect their patients. Once again, we see the arrogance displayed by this LEO that drives the absolute need for body cameras on all cops. I suspect that it is more than hospital policy, and more likely state law regarding the rights of the accused. The fact that this cop didn’t want to follow the law is ample evidence that he needs to be dismissed, and that he never be allowed to be a cop again, ever. And he should be prosecuted for assaulting the nurse.
Nope. The unconscious patient in this situation is the victim of a head-on crash caused by a perp the Utah police were chasing. He's not a suspect in anything, which is why there's no arrest and no warrant. There's absolutely no cause for his blood to be drawn in this case.
Patient gives permission? No worries, blood is turned over to the cops. Patient *doesn't* give permission? OK, now we're looking at warrant, or court order.
Patient's rights are protected. No one gets arrested.
But that's with hindsight and forethought. In the moment, with everyone not at the top of their game, dealing with a fatal car accident, and two people (the nurse and the cop) who weren't willing to budge .... whole different story.
If the hospital had permitted the clear violation of the patient's rights against search and seizure it would have opened itself up to a lawsuit from the patient. It and their staff are not a forensic arm of the police. The police officer should have placed the unconscious man under arrest, based on their reasonable (if he had such reasonable suspicion —"I smelled alcohol on his breath.") that he was criminally responsible for the death, gotten the sample legally, and been done with it. Alternately, he should have obtained a court order for the drawing of the blood. Do it legally.
In this case, it’s “hospital policy” to follow the law. RTFA.
[Should “hospital policy” trump the needs of law enforcement?]
Ummm... perhaps you should read the 4th Amendment....
The nurse would and should be penalized for making an unauthorized, or even illegal, blood draw. She knew the rules and abided by them...the cop didn’t.
I hope she takes the cops to the cleaners.
Only if you like the idea of living in a police state. Holy smokes... what have some people turned into around here???
The nurse should hand the cop the syringe and tell him to do it then.
No, but neither should "the needs of law enforcement" trump the Constitution...
“Should “hospital policy” trump the needs of law enforcement? “
Not necessarily. If you have issues with the evil cops, take it up to the court — later. Do NOT impede or interfere the law enforcement, if you value your life. Inadvertent suicide by cops can happen when you interfere with their work. Stupid nurse.
The cop needs to follow the law like everybody else.
It's obvious to me he just lost his temper and went after the nurse in an inappropriate, aggressive fashion, unwarranted for the situation.
If the cop has a valid request, where is his warrant? Where is his documentation? Where is his legal authority?
The nurse should sue the bastards for everything she can. This is not how civil society operates. He was wrong. She and her boss showed him that they had the law behind their decision not to draw the blood from an unconscious person.
The video tape is damning evidence against the cop. He should lose his job over this.
In Texas, free flowing blood can be wiped off the patient and then used for a BAC assessment. . .and if the blood drips onto hospital beds/chairs/furniture or the floor, the blood may be taken for BAC assessment.
It wasn’t just hospital policy, it was an agreement between the cops and the hospital. Even if her supervisor was misinterpreting the policy, notice that the cop was too lazy to go after him for obstruction. Nope, he took a run at the person standing right in front of him as a way to bully the hospital staff into future compliance. Too bad for him that his little plan didn’t work.
When this is over, she’ll be a millionaire and he’ll be bagging groceries, terrified to show his face anywhere outside of whatever little podunk town he lands in. In other words, justice will be served.
Nope.. she was correct. That cop is proof of .. LEO’S not knowing the law, or disregrading the law.
Decades in healthcare and couldn’t count the number of blood draws. Any patient refusing a draw is granted that right.
Glad she stood her ground to expose the sheer ignorance or disregard for law.
Makes me wonder how often he violates the law to get what he wants.
Suck, suck, lap, lap.
Eight posts before a a copsucking nanny tells us why we should submit to the whims of the government.
This may be a record.
Should the nurse lose her license because an out of control cop who didn't know his department's own procedures OR THE LAW?
I don't think she should, and she did the right thing refusing an illegal directive by a rogue cop.